We now know exactly why the Berrien County prosecutor decided not to file charges in the death of a man who was run over at a party, and we are hearing from his family who says it's the wrong decision.

In March 21-year old Tyler Carr, a 2009 Watervliet High School graduate, was found dead in a field the morning after the party. This happened in Pipestone Township.

Police say he had been "run over" by a truck pulling a trailer.

Berrien County Prosecutor Art Cotter says to charge someone with reckless driving causing death, he has to prove the person was operating a vehicle with willful disregard for the safety of another.

Cotter says he can't do that in this case because Carr was apparently passed out from excessive drinking in the dark, grassy field...and the driver says he didn't know he ran over anyone.

But Carr's father tells WSBT he still wants the driver held responsible.

"My son did not deserve to be run over in cold blood and no charges to anybody," he said. “My son is dead and somebody needs to be accountable for this. He may not have run him down on purpose, but he still killed my son."

The family says they will file a civil lawsuit against the driver.